STATE OF RAJASTHAN Vs. ACHALA RAM

JUDGEMENT

(1.) In this petition filed under Section 482, Code of Criminal Procedure by State of Rajasthan, the State Government is challenging the validity of order dated 08.10.2009 passed by the Sessions Judge, Sirohi in Criminal Revision No. 73/09, whereby, learned Sessions Judge allowed revision petition filed by Respondent and released truck No. GJ-24/GA-0421 on supardginama.

(2.) Brief facts of the case are that the vehicle in question was seized in connection with criminal case No. 165/09 registered against the Respondent under Section 3/7, Essential Commodities Act, according to which, 200 bags of wheat, said to be sent by the RFC to the fair price shops; but, in between that, the wheat bags of government supply were not taken to the fair price shops and, at the time of inspection, it is found that the said wheat was going to be sold in open market.

(3.) The vehicle in question was seized under the Essential Commodities Act and, thereafter, as per provision of Section 6A, the Collector is authorized for passing order for confiscation. Learned Addl. Advocate General Mr. G.R. Pooniya vehemently argued that upon application filed by the Respondent for releasing the said vehicle the District Collector rejected the said application on the ground that investigation is going on. The District Collector passed order on 15.09.2009 and refused to release the said vehicle. However, no order was passed for confiscation under Section 6A .